Chapter DCF 56

DCF 56.055(4) (4) Offenses that are a bar. Unless the person has demonstrated that the person has been rehabilitated under s. 48.685 (5) or (5c), Stats., and ch. DCF 12, an applicant or licensee is unqualified to hold a license if the applicant or a nonclient resident in the foster home meets any of the following conditions:

DCF 56.055(4)(a) (a) The person has been convicted of a crime specified in s. 48.685 (1) (c), Stats., or is the subject of a pending criminal charge alleging that the person committed a crime specified in s. 48.685 (1) (c), Stats.

DCF 56.055 Note Note: A table that lists applicable crimes is available on the department website, http://dcf.wisconsin.gov, in the foster care/related statutes and administrative rules section.

DCF 56.055(4)(am) (am) The person has been adjudicated delinquent for committing a crime specified in s. 48.685 (1) (c), Stats., or is the subject of a delinquency petition alleging that the person committed a crime specified in s. 48.685 (1) (c), Stats.

DCF 56.055(4)(b) (b) A governmental body has made a finding that the person has abused or neglected any client or misappropriated the property of any client.

DCF 56.055(4)(c) (c) A final substantiated finding has been made that the person abused or neglected a child.

DCF 56.055(4)(d) (d) A finding that is comparable to a final substantiated finding has been made in any other jurisdiction.

DCF 56.055(5) (5) Denials or revocation. The agency shall provide the department with information about each person who is denied a license or has a license revoked for a reason specified in sub. (4).

DCF 56.055 Note Note: Agencies with direct access to eWiSACWIS, the child welfare automation system, enter the information into the system. Agencies that do not have direct access to eWiSACWIS, provide the information on Form DCF-F-CFS2191, Negative Action Notice, which is available in the forms section of the department’s website, dcf.wisconsin.gov. Send the completed form to Out-of-Home Care Section, DCF/DSP, P.O. Box 8916, Madison, WI 53708-8916.

DCF 56.055 History History: CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; CR 21-107: am. (2) (d), (3) (a), (b), (4) (intro.), r. and recr. (4) (a), cr. (4) (am) Register June 2022 No. 798, eff. 7-1-22.

DCF 56.06 DCF 56.06 Serious incident reporting.

DCF 56.06(1) (1) A foster parent shall immediately notify the supervising agency and, if not the same, the licensing agency of all of the following:

DCF 56.06(1)(a) (a) Death of a foster child.

DCF 56.06(1)(b) (b) Serious illness or injury of a foster child that requires the services of a licensed medical professional, including all of the following:

DCF 56.06(1)(b)1. 1. A broken bone.

DCF 56.06(1)(b)2. 2. A burn.

DCF 56.06(1)(b)3. 3. A concussion.

DCF 56.06(1)(b)4. 4. A wound requiring stitches.

DCF 56.06(1)(b)5. 5. The ingestion of poison or drug overdose.

DCF 56.06(1)(b)6. 6. A reportable communicable disease under ch. DHS 145 Appendix A.

DCF 56.06 Note Note: Information regarding reportable communicable diseases can be obtained from local county public health departments.

DCF 56.06(1)(c) (c) The foster parent has reasonable cause to believe any of the following:

DCF 56.06(1)(c)1. 1. A foster child has been abused or neglected.

DCF 56.06(1)(c)2. 2. A foster child has been threatened with abuse or neglect and it is likely that the foster child will be abused or neglected.

DCF 56.06(1)(d) (d) An error in administering medication to a foster child.

DCF 56.06(1)(e) (e) A suicide attempt by a foster child.

DCF 56.06(1)(f) (f) The unauthorized absence of a foster child from the home for more than 8 hours or for longer than is reasonable given the child’s age, maturity, and mental and emotional capacity.

DCF 56.06(1)(g) (g) An incident requiring contact with law enforcement at the foster home or that involves a foster child.

DCF 56.06(1)(h) (h) A condition or situation that requires the removal of a child from a foster home.

DCF 56.06(1)(i) (i) The use of a physical restraint as required under s. DCF 56.09 (1g) (e).

DCF 56.06(1)(j) (j) Any other serious incident related to a foster child.

DCF 56.06(2) (2) A foster parent shall immediately notify the licensing agency of any of the following:

DCF 56.06(2)(a) (a) Any physical damage to the foster home or premises that would affect compliance with this chapter, including the following:

DCF 56.06(2)(a)1. 1. Structural damage that may affect the safe shelter of a child.

DCF 56.06(2)(a)2. 2. Failure in the heating, cooling, electrical, plumbing, or smoke detection system that is not repaired or that cannot be repaired within 24 hours after the failure becomes known.

DCF 56.06(2)(b) (b) A fire on the premises of the foster home that requires the services of a fire department.

DCF 56.06(2)(c) (c) The displacement of a child or adverse effects due to implementation of the disaster plan required under s. DCF 56.08 (10m).

DCF 56.06(3) (3) A licensing agency shall immediately notify the department exceptions panel of any serious incident in this section that is reported by a foster parent of a Level 5 foster home.

DCF 56.06 History History: CR 00-020: cr. Register February 2002 No. 554, eff. 3-1-02; corrections in (8) and (13) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR0937: emerg. am. (12), eff. 1-1-10; CR 10-021: am. (12) Register September 2010 No. 657, eff. 10-1-10; EmR1050: emerg. r. and recr., eff. 1-1-11; CR 10-148: r. and recr. Register August 2011 No. 668, eff. 9-1-11.

DCF 56.07 DCF 56.07 Physical environment.

DCF 56.07(1) (1) General requirements.

DCF 56.07(1)(a) (a) A foster home shall be so constructed, arranged and maintained that it is safe for all occupants, and the health of all occupants is safeguarded. The home shall be large enough and its living areas large enough for the number and ages of the foster children and other household members. The home shall have furnishings and equipment necessary to adequately accommodate the foster children and other persons living in the home. The property on which the foster home is situated, including all other buildings and structures on that property, shall be maintained in a state of good repair and in a sanitary condition so that it is safe for the occupants and their health is safeguarded.

DCF 56.07(1)(b) (b) The licensing agency shall request fire, health, sanitation or safety officials to inspect the foster home or the entire premises when more expert opinion is necessary to help the agency evaluate the safety of the home.

DCF 56.07(1m) (1m) Exterior access. If necessary for a child to access the foster home where the child is placed, at least one entrance to the foster home shall be level or ramped in accordance with ch. SPS 362 and in a manner that provides safe access for the child.

DCF 56.07(2) (2) Interior living area.

DCF 56.07(2)(a) (a) An applicant applying on or after September 1, 1990, for an initial license to operate a foster home shall provide a minimum of 200 square feet of living area for each household member, including each foster child, unless a higher minimum is deemed necessary by the licensing agency to accommodate wheelchairs or other special equipment used by a foster child.

DCF 56.07(2)(b) (b) Doorways and passageways to the common rooms of the foster home, a complete bathroom, and the child’s bedroom shall meet standards relating to accessibility in ch. SPS 362 if either of the following apply:

DCF 56.07(2)(b)1. 1. The child uses a wheelchair.

DCF 56.07(2)(b)2. 2. The child has significant mobility limitations and is too big to be safely carried.

DCF 56.07(3) (3) Bath and toilet facilities.

DCF 56.07(3)(a) (a) An applicant for an initial license to operate a foster home or any licensee who changes the location of the foster home on or after September 1, 1990, shall provide at least one complete bathroom for every 8 household members including foster children. Bath and toilet facilities that are accessible only through a sleeping room may be counted only for the occupants of that room.

DCF 56.07(3)(b) (b) The door of each bathroom shall have a lock that may be opened from the outside in an emergency.

DCF 56.07(3)(c) (c) Bathrooms shall be located within the foster home.

DCF 56.07(3)(d) (d) At least one bathroom shall be constructed in conformity with ch. SPS 362 if a foster child has physical disabilities that require special equipment or clear floor space.

DCF 56.07(4) (4) Sleeping arrangements.

DCF 56.07(4)(a) (a)

DCF 56.07(4)(a)1. 1. Each foster child shall be provided with a separate bed, except 2 related children of the same sex over the age of one and under 12 years of age may share a double or larger bed.

DCF 56.07(4)(a)1m. 1m. Each infant child, birth to 12 months of age, shall sleep alone in a crib, bassinet, or playpen.

DCF 56.07(4)(a)2. 2. Each crib shall have crib slats that are securely fastened in place and are spaced no more than 2 3/8 inches apart. The mattress shall fit snugly so that there are no more than 1½ inches between the edge of the mattress and crib side. Crib sheets shall fit snugly to the mattress. Blankets used to cover the child shall be tucked tightly under the mattress and shall be kept away from the child’s mouth and nose.

DCF 56.07(4)(a)3. 3. Each bed shall be large enough to be comfortable for the child, provide adequate body support and be equipped with a clean and comfortable mattress and with a waterproof covering when necessary. The foster child shall be provided blankets that are adequate for the season.

DCF 56.07(4)(a)4. 4. There shall be a minimum of 2 feet horizontally between beds except that between bunk beds there shall be a minimum of 5 feet.

DCF 56.07(4)(a)5. 5. For the top bed of a bunk bed, there shall be a minimum of 3 feet between the top of the mattress and the ceiling or any light or other fixture protruding from the ceiling above the bed.

DCF 56.07(4)(a)6. 6. A foster child under 4 years of age or who has a disability that limits mobility may not sleep on the top bed of a bunk bed.

DCF 56.07(4)(a)7. 7. A top bunk shall have a safety rail if occupied by a child under 8 years of age.

DCF 56.07(4)(a)8. 8. Triple-decked beds may not be used.

DCF 56.07(4)(b) (b) No foster child one year of age or older may regularly share a bedroom with an adult unless a physician determines that it is medically necessary and the licensing agency approves.

DCF 56.07(4)(c) (c) No foster child 6 years of age or older may regularly share a bedroom with another child of the opposite sex.

DCF 56.07(4)(d) (d) Each bedroom occupied by a foster child shall have a minimum floor space of 40 square feet per child, unless the licensing agency determines a higher minimum is necessary to accommodate wheelchairs or other special equipment used by a foster child.

DCF 56.07(4)(e) (e) No foster child may regularly sleep in any building, apartment or other structure on the premises which is separate from the foster home, nor may any foster child regularly sleep in an unfinished attic, an unfinished basement, a hallway or in any room normally used for purposes other than sleeping. No household member may regularly sleep in any of these places in order to accommodate the presence of the foster child.

DCF 56.07(4)(f) (f) No foster child under the age of 7 years or a child with limited mobility or functioning may regularly sleep in a finished basement bedroom or in a bedroom above the second floor of a single family dwelling.

DCF 56.07(4)(g) (g) No foster child 7 years of age or older may regularly sleep in a finished basement bedroom or in a bedroom above the second floor of a single family dwelling unless all of the following conditions are met:

DCF 56.07(4)(g)1. 1. There are 2 exits to grade from that floor level. Exits from a basement shall comply with s. SPS 321.03 (5) (b) and (6).

DCF 56.07(4)(g)2. 2. Provision has been made for adequate heating, cooling, ventilation, and humidity control.

DCF 56.07(4)(g)3. 3. Access to and exit from these locations are appropriate given the child’s ambulatory level and use of mechanical devices, such as wheelchairs and walkers.

DCF 56.07(4)(h) (h) A responsible care provider shall sleep within call of foster children during the night. An exception may be granted only if the child is at least 16 years of age and the supervising agency gives its approval.

DCF 56.07(4)(i) (i) Each bedroom occupied by a foster child shall have a door for privacy, a window that allows natural light to enter, and adequate ventilation.

DCF 56.07(4)(j) (j) A sleeping room that someone must pass through to get to another part of the building may not be used for a foster child.

DCF 56.07(4)(k) (k) A foster child may not regularly sleep in a room to which access can be gained only through another occupied sleeping room.

DCF 56.07(4)(L) (L) No more than 4 children may regularly occupy one bedroom.

DCF 56.07(5) (5) Telephone.

DCF 56.07(5)(a) (a) A foster home shall have at least one operating telephone accessible to a child at all times when a child is present in the home.

DCF 56.07(5)(b) (b) Emergency telephone numbers, including fire department, police, hospital, physician, poison control center and ambulance, shall be posted by each telephone in a foster home.

DCF 56.07(5)(c) (c) A licensee shall notify the licensing and supervising agencies no later than the end of the next working day from the date that a foster home telephone number is changed.

DCF 56.07(6) (6) Heating.

DCF 56.07(6)(a) (a) A foster home shall have a heating system that is capable of maintaining a comfortable temperature of not less than 68° F., or 20° C., in living areas.

DCF 56.07(6)(b) (b) No foster home may be maintained at any time at a temperature of less than 68° F., or 20° C., during waking hours or 58° F., or 14° C., during sleeping hours unless written approval has been obtained from the licensing agency.

DCF 56.07(6)(c) (c) Unvented gas, oil or kerosene space heaters may not be used in a foster home.

DCF 56.07(6)(d) (d)

DCF 56.07(6)(d)1. 1. All wood-burning or other alternative heating source equipment in a foster home, except a fireplace, shall be inspected by a fire safety expert at least biennially and certified as properly installed and maintained as defined by the manufacturer’s recommendations or specifications or other standards utilized by the fire safety expert. The licensee shall forward documentation of compliance with this paragraph to the licensing agency. If required by the licensing agency, a fireplace shall also be inspected by a fire safety expert.